Can I collect unemployment while waiting for workers comp claim approval?
I got injured at work 6 weeks ago and filed for workers compensation but it's still being reviewed by the insurance company. My employer put me on unpaid leave while everything gets sorted out. I'm not getting any income right now and bills are piling up. Can I file for NYS Department of Labor unemployment benefits while I wait for the workers comp decision? I've never dealt with this situation before and don't know if there are rules against collecting both or if I need to choose one over the other.
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NeonNebula
Yes, you can file for unemployment while waiting for workers comp, but there are some important things to know. You'll need to report that you have a pending workers comp claim when you file your weekly claims. If your workers comp gets approved and you receive back pay, you may need to repay some unemployment benefits for overlapping periods. The key is being honest about your situation with NYS Department of Labor.
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Malik Thomas
•Thanks! Do I need to mention the workers comp claim when I first apply or just on the weekly claims?
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Isabella Silva
•You should mention it when you first apply too, not just on weekly claims. They ask about any pending claims or benefits during the initial application. Being upfront from the start helps avoid complications later. @NeonNebula is right about the potential repayment issue - definitely keep good records of everything.
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Isabella Costa
I went through this exact situation last year. Filed for unemployment while my workers comp was pending and it took 3 months for workers comp to approve. Had to pay back about $2,800 in unemployment when the workers comp back pay came through, but at least I had income during that time. Just make sure you save some of the unemployment money in case you need to repay it.
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Ravi Malhotra
•That's smart advice about saving some money. Did you have to pay it all back at once or could you set up a payment plan?
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Isabella Costa
•They let me set up a payment plan since it was a big chunk. Was much more manageable that way.
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Freya Christensen
wait this is confusing... if you're injured can you even collect unemployment? don't you have to be able and available to work?
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NeonNebula
•Good question! If you're temporarily unable to work due to injury, you typically can't collect unemployment. But if you're able to work and your employer won't let you return while workers comp is pending, that's different. It depends on whether you can actually work or not.
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Omar Farouk
Getting through to NYS Department of Labor to ask questions about this kind of situation can be really frustrating with their phone lines always busy. I had luck using a service called Claimyr (claimyr.com) that helped me get connected to an actual agent when I had a complex situation like this. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Made it so much easier to get my questions answered directly.
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Malik Thomas
•I'll check that out because I've been trying to call for days and keep getting disconnected. Thanks for the tip!
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Chloe Davis
honestly the whole system is set up to screw people over. they make you jump through hoops and then want money back later. its like they dont want you to survive while waiting for other benefits
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AstroAlpha
•I feel you on that. The waiting periods for everything are brutal when you have no income coming in.
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